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(영문) 수원지방법원 2017.06.27 2017고단2364

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 26, 2017, the Defendant, who is engaged in driving of B-S cruise cruise-car, is driving on the front side of the three-lane speed road in Suwon-gu, Suwon-si, Suwon-si, the Defendant: (a) was driving on the front side of the three-lane-lane-gu, Suwon-si, the front side of the three-lane-gu, D(79) from the front side of the said car to the front side of the motion pictures; (b) was driving on the front side of the street, without examining whether there is a pedestrian by reducing speed and stopping the yellow signal on the front side, without properly examining the front side; and (c) was negligent in driving on the front side without checking whether there is a pedestrian. (d) On January 26, 2017, the Defendant received the victim D(79) (the rear side of the said car from the front side of the said vehicle to the left side on the front side of the Defendant’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on the actual condition, a corpse inspection report and a postmortem report;

1. Application of the motor vehicle boom photographs, video photographs, and the Acts and subordinate statutes governing the skin vehicle photograph;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Two types of general traffic accidents (Death or injury caused by traffic accidents) to which the sentencing criteria apply, are applied, where the area of mitigation (from April to one year) is to be special mitigated (aggravating: No penalty shall be imposed;

2. Circumstances favorable to the accused shall be as follows:

The defendant is deeply divided into and reflected in the crime of this case.

Vehicles operated by the defendant are covered by a comprehensive insurance.

The defendant agreed with the bereaved family members of the victim.

The defendant is an initial offender who has no record of criminal punishment.

Circumstances unfavorable to the defendant are as follows:

The defendant did not see the front door properly and passed the crosswalk in yellow on-and-off signals, and the victim was shocked to the victim who dried the crosswalk, which resulted in a serious result of the victim's death.

. The above.